Menu
Home>Levelset Community>Legal Help>My customer is making payments toward their balance of the lien. He wants us to keep the lien in place when pd.

My customer is making payments toward their balance of the lien. He wants us to keep the lien in place when pd.

California

My customer is making payments toward their mechanics lien balance. He wants us to keep the lien in place when pd. It's my understanding that once the mechanics lien is paid, we are required to release the lien. Please advise how I should proceed. We're a material supplier in California.

2 replies

Apr 21, 2021
If you want to keep your lien valid, you need to file a lawsuit within 90 days from the date the mechanics lien was recorded. Otherwise, the mechanics lien is void, and you have an obligation to remove the mechanics lien if requested by the owner.
0 people found this helpful
Helpful
Apr 22, 2021

No, you cannot keep your lien in place if you are paid and you should consider recording a partial release of the mechanics lien from time to time to reflect the true balance of the your lien claim. To knowingly keep your lien in place when the amount of the lien is not due at the request of your customer could subject you to a claim for unfair business practices or similar liability that you want no part of.

--CN

2 people found this helpful
Helpful